On April 13, 2018, a group of U.S. citizens residing in Puerto Rico filed a lawsuit against the Federal Government claiming equal treatment with respect to benefits under the federal programs on Supplemental Security Income ("SSI"), Supplemental Nutrition Assistance Program ("SNAP") and Medicare Part D Low Income Subsidies ("LIS"). According to the plaintiffs, excluding U.S. citizens residing in Puerto Rico violates the equal protection of the laws under the U.S. Constitution. All of the plaintiffs meet the requirements to qualify for one or more of the federal programs, but because they reside in Puerto Rico, the U.S. Government denies them access to them.
For example, the plaintiff, Sixta Gladys Peña, is a 71-year-old U.S. citizen who resided in Puerto Rico for 30 years. In 2008, she moved to New York City. There, she received monthly SSI benefits of $733 and $198 in SNAP benefits. Ms. Peña moved back to Puerto Rico in 2016 and her benefit payment was reduced to only $154.00 per month, an amount that increased to $192.50 because of a temporary increase to her benefits after Hurricane Maria. The reason for the reduction in benefits responds solely and exclusively to Mrs. Peña's move to Puerto Rico.
The U.S. Government moved to dismiss the lawsuit on several issues and grounds. On March 27, 2019, the Federal Court, through the Hon. Judge William Young, dismissed the motion to dismiss, which allows the lawsuit to continue the appropriate legal proceeding. Read Judge Young's Opinion of the Court here.
In the case, the following organizations joined as friends of the court ("amicus curiae") in support of the plaintiffs' claims: Espacios Abiertos, the Allard K. Lowenstein International Human Rights Clinic at Yale University, Congresswoman Nydia Velázquez, the Puerto Rican Industrialists Association, and MIDA.Lowenstein International Human Rights Clinic, Congresswoman Nydia Velázquez, the Puerto Rico Industrialists Association and MIDA.
The case continues to be heard in the Federal Court of Puerto Rico and a final decision is expected within several months.